(PER: THE HON'BLE MR. JUSTICE RAJESH RAI K)

In this appeal, the appellant/complainant has assailed the judgment of acquittal dated 24.08.2016 in Crl.A.No.12/2013 passed by the District and Sessions Judge, Koppal (hereinafter referred to as the 'First Appellate Court'), whereby the First Appellate Court allowed the appeal filed by the accused and acquitted him for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'N.I. Act') by setting aside the judgment of conviction and order on sentence dated 01.02.2013 in C.C.No.509/2008 passed by the Principal Civil Judge and JMFC, Gangavathi (hereinafter referred to as the ‘learned Magistrate').

2. For the sake of convenience, the parties are referred to as per their rankings before the trial Court.

3. The abridged facts of the case are as under:

The complainant and accused are known to each other and in the year 2012, the accused borrowed a hand loan of ₹1,10,000/- from the complainant and thereafter, failed to repay the same. O